Brown v. Chicago, M. & St. P. Ry. Co.

Citations

• 10 S.D. 633
• 75 N.W. 198
• 1898 S.D. LEXIS 55

Syllabus

<p>1. The bond on appeal from a justice’s court is required not only for the benefit of the adverse party, but on grounds of public policy, and cannot be waived under Comp. Laws, g 4700, providing that any one may waive a law intended solely for his benefit.</p> <p>2. A bond on appeal from a justice’s court is requisite to give the appellate court jurisdiction, and cannot be waived by the agreement of parties.</p> <p>3. The Laws of 1887, providing for the waiver of a bond on appeal from circuit courts, are, by Chap. 20, l 5, thereof, made applicable only to such appeals, and do not govern appeals from justice courts.</p>